H.L.A. Hart is among the most important philosophers of the twentieth century, with an especially great influence on the philosophy of law. His 1961 book The Concept of Law has become an enduring classic of legal philosophy, and has also left a significant imprint on moral and political philosophy. In this volume, leading contemporary legal and political philosopher Matthew H. Kramer provides a crystal-clear analysis of Hart's contributions to our understanding of the nature of law. He elucidates and scrutinizes every major aspect of Hart's jurisprudential thinking, ranging from his general methodology to his defense of legal positivism. He shows how Hart's achievement in The Concept of Law, despite the evolution of debates in subsequent decades, remains central to contemporary legal philosophy because it lends itself to being reinterpreted in light of new concerns and interests. Kramer therefore pays particular attention to the strength of Hart's insights in the context of present-day disputes among philosophers over the reality of normative entities and properties and over the semantics of normative statements. This book is an invaluable guide to Hart's thought for students and scholars of legal philosophy and jurisprudence, as well as moral and political philosophy.

Exploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization. Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.

* Editors and authors are leading experts in the field; * Multi-disciplinary approach; * Raises a large number of compelling theoretical, philosophical and normative questions, and has relevance across disciplinary and geographic boundaries.

Law schools are failing both their staff and students by requiring them to prize reason and rationality and to suppress or ignore emotions. Despite innovations in terms of both content and teaching techniques, there is little evidence that emotions are effectively acknowledged or utilised within legal education. Instead law schools are clinging to an out-dated and erroneous perception of emotions as at best, irrational, and at worst dangerous. In contrast to this, educational and scientific developments have demonstrated that emotions are a fundamental, inescapable part of learning, teaching and skills development. Harnessing these emotions will therefore have a transformative effect on legal education and enable it to adapt to the needs and demands of the twenty-first century. This book provides a theoretical overview of the role played by emotions in all aspects of the life of the law school. It explores the relationship emotions have with key traditional and contemporary approaches to legal education, the ways in which emotions can be conceptualised, their interaction with the politics and policies of legal education and their role within teaching and learning. The book also considers the importance of emotional wellbeing for both law students and legal academics Overall, this book argues for a more holistic form of legal education in which emotions play a valuable (and valued) role. This requires a new vision for law schools, in which emotions are acknowledged and embedded at all levels, institutional and personal.

The Punta del Este Declaration, and this book dedicated to elaborating upon it, is devoted to exploring the ways that human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human rights in the world today. In 2018, an initiative was instigated to revitalize the human rights project by way of engaging the notion of human dignity. This resulted in the Punta Del Este Declaration on Human Dignity for Everyone Everywhere (Punta Del Este Declaration), a declaration co-authored by over 30 human rights experts from all over the world. The Punta Del Este Declaration simplifies and brings coherence to the concept of human dignity in 10 brief statements that capture the many dimensions and aspects of human dignity and the practical ways that human dignity is useful in the promotion of human rights. This book provides an overview of how the notion of human dignity has been used to strengthen human rights. It discusses how human dignity playsmany different roles in human rights discourse and has the force to revitalize the human rights project; it is the foundational principle upon which the human rights project is built. But it is also the telos, or end goal, of human rights. At the same time, it is an important evaluative mechanism for assessing how well a country is doing in the implementation of human rights. The book will be a valuable resource for all those working in the areas of International Human Rights Law, Legal Philosophy, and Law and Religion.

This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.

This book explores the historical foundations of holding public authorities accountable for their acts, and discusses how and why the idea that the state should or should not be held liable became established in three significant jurisdictions. The issue of state liability for legislative acts is considered one of the most difficult and controversial problems in jurisprudence. This book analyses the development of concepts and institutions of liability for the acts of legislator pertaining to the general principles of state liability until the mid-20th century in the leading European legal systems: Germany, France and Great Britain. It is shown that, in contrast to the prevailing conviction, the lack of liability for law-making instruments was not an unassailable dogma, and that questions as to whether such liability was possible were being asked from the Middle Ages onwards. The book will be a valuable resource for academics and researchers in the areas of Constitutional Law, Public Law, History of Law, History of Legal and Political Thought, Philosophy of Law, and Comparative Legal Studies.

This book builds a case for how social norms are neither mere conventions nor are they merely anthropological phenomena, which are relativistic. In other words, it talks about how socio-political norms are built out of our natural social behaviour but at the same time also have objective normative validity. The volume puts forth an alternative model called the recognitional model which can help us address some of the socio-political concerns we face in today's world. It addresses the problem with a purely legalistic framework of addressing social injustice is that law, due its universalistic assumptions, regarding human nature, tends to glide over the particular differences that might exist between people. This book discusses how we know that in our daily lives, we value people not only because that person is a legal human being but because that person is our father, mother, our teacher etc. There is a whole network of acts of social respect that we engage in with the other in our social sphere which the legal framework can't quite capture. This volume sheds light on the political consequence of legal reasoning is that it is formalistic in the sense that legal relations can't successfully codify the immediate epistemic context from which social identities emerge. An introspective work, this book will be of great interest to scholars and researchers of linguistics, political philosophy, law and human rights, and social theory.

This book contains the first English translations of Santi Romano's important essays 'On the decree laws and the state of siege during the earthquakes in Messina and Reggio Calabria' (1909) and 'The Modern State and its Crisis' (1910). Before Santi Romano wrote his masterpiece The Legal Order in 1917-18, he lay the foundations for his ground-breaking theory of law in these two essays, which are still central to scholarly debates about his legacy. The main focus of 'On the decree laws' is the concept of necessity as a source of law. Such a controversial view anticipated the much more renowned conception of the state of exception advanced later by Carl Schmitt in his Political Theology, and has provided a reference point for Giorgio Agamben. The second essay, 'The modern state and its crisis', is concerned with the emergence of social forces that the early 20th-century administrative state was struggling to tame. Pursuing an insight that he would develop in The Legal Order, Romano argued that a solution could be found in a public law theory that was able to reconcile the need for a shared constitutional frame with the internal orderings of nonstate movements. Indispensable for contemporary scholars to understand how Romano's most revolutionary notions came about, as well as to fully appreciate the theoretical import of his concept of law, this book will appeal to legal and political theorists, and others who are interested in how law deals and should deal with emergencies and social crises.

This book develops an original theory of decision-making based on the concept of plausibility. The author advocates plausible reasoning as a general philosophical method and demonstrates how it can be applied to problems in argumentation theory, scientific theory choice, risk management, ethics, law, economics, and epistemology. Human decisions are conditioned by formidable uncertainty. The standard resource for dealing rationally with uncertainty is the mathematical concept of probability. The probability calculus is well-known, but since the numerical demands for applying it cannot usually be met, it is not widely applicable. By contrast, the concept of plausibility is widely applicable, but it is little known. This book relies on a generalized concept of plausibility whose strength is its adaptability. The adaptability is due to a novel form of decision theory that takes plausibilities as inputs. This form of decision theory remains applicable to decisions informed by sharp probabilities and utilities, but it can also be applied to decisions that must be made without them. It can aid in the rationally critical enterprise of discriminating good arguments from bad, and this can foster philosophical progress. A Plea for Plausibility will be of interest to scholars and advanced students working in argumentation theory, philosophy of science, ethics, epistemology, economics, law, and risk management.

For too long, the rule of law has been assumed as opposed to rigorously interrogated. Christopher May's excellent study not only draws attention to this oversight, but also lucidly demonstrates how and why the rule of law rule of law has achieved the status of common sense of global politics. For anyone interested in the legalization of global politics as well as its social, political and ideological consequences, this superb book is essential reading.' - Susanne Soederberg, Queen s University, CanadaThis timely book explores the complexities of the rule of law - a well-used but perhaps less well understood term - to explain why it is so often appealed to in discussions of global politics. Ranging from capacity building and the role of the World Bank to the discourse(s) of lawyers and jurisprudential critiques, it seeks to introduce non-lawyers to the important and complex political economy of the rule of law. In accessible terms, Christopher May argues that we can no longer merely use the idea of the rule of law without question but rather must appreciate its multifaceted and contested character if we are to begin to understand how and why it is now seen as a 'good thing' across the political spectrum. He expertly examines the problems encountered by rule of law programes in post-conflict and developing countries, as well as presenting the range of contested meanings of the term. The author also considers the possibility of establishing a pluralistic account of the rule of law and investigates the plausibility of an international rule of law. By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio - legal scholars and political economists. It also presents an overarching analysis of the manner in which politics and law interact that will be of great value to political scientists and development economists. Contents: Preface Introduction: The Rule of Law as the Common Sense of Global Politics 1. The Rule of Law as Social Imaginary, A Methodological Interlude: How I Do (Global) Political Economy 2. Defining the Rule of Law, Between Thick and Thin Conceptions 3. The Rule of Law and the Legaliization of Politics 4. Building the Rule of Law With a Political Focus 5. Building the Rule of Law With an Economic Focus 6. Global Constitutionalism. The Rule of Law by Another Name? 7. One Rule of Law or Many? Internal and External Challenges to the Rule of Law 8. Concluding Thoughts Bibliography Index

This Handbook brings together 40 of the world's leading scholars and rising stars who study international law from disciplines in the humanities - from history to literature, philosophy to the visual arts - to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of 'international law and the humanities'. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book's six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.

This book presents a comprehensive examination of the Declaration on Human Rights Defenders and provides an analysis of the level of its reflection in regional human rights systems. The work explores the development of the role of the individual in human rights protection since the 1998 United Nations Declaration on Human Rights Defenders. It locates the nature, activities and need for protection of human rights defenders within the current international legal framework and outlines the place and scope for a specific right to promote and protect human rights. It traces the origins of the right and the main international instruments that define it, both at national and international level. Finally, it considers the impact that the right to defend human rights can have on constitutional and international law. The book will be a valuable resource for academics and researchers working in the areas of International Human Rights Law and Constitutional Law.

First published in 1989. This is the first translation of the Muwatta' in the English language. Imam Malik came from a family of learning and grew up in Madina al-Munawarra which was the capital of knowledge at that time, especially the knowledge of hadith. Known as one of the great reciter', Malik's predisposition for retention and understanding of knowledge he took it upon himself to serve the shari'a and to preserve the Prophetic sunna. He did this by relaying it from those notable Tabi'un with whose knowledge he was satisfied and whose words he thought worthy of conveying and by his work he opened the way for all later writers and cleared a path for the compilation of Islamic law.

In this first of a definitive seven-volume work to be published by Transaction, by Gray L. Dorsey, a major figure in the philos-ophy and history of law, the ancient roots of the culture of Western jurisprudence are treated. This volume explores the forma-tion and regulation of societies in early Greece and classical Rome in relation to prevailing beliefs about reality, knowing, and desiring. And while part of a series, the volume clearly stands on its own.

The central question addressed in this fundamental reexamination of the organi-zation and regulation of antiquity is how, in a world in which major physical and human events are defined as in control of the gods, and with few mortals said to pos-sess such powers, did the Greeks and Ro-mans distribute decision-making powers to ensure survival and wealth? The meth-ods by which these issues are addressed is called "Jurisculture" to distinguish it from the analytical procedures of either philoso-phy or empirical social research.

Jurisculture identifies sets of mean-ings that derive from premises about real-ity and human nature, and beliefs con-sidered basic in organizing and controlling that reality. This work aims at nothing less than the discovery of new interrelations between prevailing ideas of antiquity and their codification and implementation in legal institutions and principles.

This volume is addressed to those people who are concerned with the wise and effective use of public discourse to ar-rive at prudent national and foreign pol-icies. Professor Dorsey discusses philosophical and social ideas, but always in the context of their implications for the prob-lems of organizing and regulating human cooperation. The emergence of the phi-losophy of law has made possible the rapid development of normative theory in the social sciences. This volume provides a powerful historical and analytical tool for this broad-sweeping development.

The Case of Speluncean Explorers: Nine New Opinions includes a reprint of Lon Fuller's classic article and a much-needed revision of and addition to the five opening s originally expressed in the case by five Supreme Court Judges

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.

Voluntariness is a necessary condition of valid consent. But determining whether a person consented voluntarily can be difficult, especially when people are subjected to coercion or manipulation, placed in a situation with no acceptable alternative other than to consent to something, or find themselves in an abusive relationship.

First published in 1986. Western law is normally regarded as universal when considered from the fact that it has been received and utilized by non-Western countries as the basis of their own state legal systems. The reception of Western law by non-Western countries in modern times is the most influential encounter of non-Western law with foreign law. The major portion of this book is a collection of descriptions of typical non-Western countries from this viewpoint by native scholars.

This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.

It contributes to the field of posthumanism through its application of posthuman feminism to international law Interdisciplinary approach. Will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.

Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law?s authority in this space. Two key questions are central to the book: Who has authority to make laws within cyberspace and how do laws in cyberspace achieve legitimacy? Chris Reed and Andrew Murray answer these questions by examining the jurisprudential principles that explain law in the physical world and rethinking them for the cyberworld. In doing so they establish that cyberlaw is more similar to traditional law than previously thought, but that establishing legitimate authority is quite different. This book provides the first thorough examination of the jurisprudence of cyberspace law, asking why any law should be obeyed and how the rule of law is to be maintained there. Academics and researchers who are interested in the regulation of cyberspace will find this to be a compelling study. More broadly, it will appeal to those researching in the fields of transnational legal studies, jurisprudence and legal thought.

Building upon an understanding of the rule of law as an ?'essentially contested concept?', this insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law at both a national and international level. In particular, chapters focus on China?s impact on global trade and security governance. These case studies enable conclusions to be drawn regarding China?'s more general perspectives on the international rule of law as a concept. Offering a thorough analysis of EU-China relationships, the book highlights the prospects and challenges for a meaningful dialogue on the rule of law and the international rule of law. In doing so, it illustrates the merits of the rule of law as a concept to engage in meaningful dialogues across a myriad of legal and political systems. This book will hold particular appeal for students and scholars of Chinese Law, International Law, EU-China Relations, and legal theory. Policy makers will also find this a stimulating read as the work aims to build both academic and policy bridges between the Western and Chinese conceptions on the rule of law at both national and international levels.

This book outlines a theory of communication and justice for the digital age, updating classic positions in political philosophy and ethics, and engaging thinkers from Aristotle through Immanuel Kant and the American pragmatists to John Rawls, Jürgen Habermas, and Amartya Sen. In communication seeking to define justice and call out injustice, there is such a thing as the last word. The chapters in this book trace the historical emergence of communication as a human right; specify the technological resources and institutional frameworks necessary for exercising that right; and address some of the challenges following from digitalization that currently confront citizens, national regulators, and international agencies. Among the issues covered are public access to information archives past and present; local and global networks of communication as sources of personal identities and imagined communities; the ongoing reconfiguration of the press as a fourth branch of governance; and privacy as a precondition for individuals and collectives to live their lives according to plans, and to make their own histories. The book will be of interest to students and researchers in media and communication studies, cultural studies, political philosophy and ethics, and interdisciplinary fields examining the ethical and political implications of new information and communication infrastructures.

This book explores developments in international law regarding the relationship between human rights law and international humanitarian law and their coapplicability in armed conflict situations. The work examines the jurisprudence of the international human rights courts and looks at the Inter-American and European Courts of Human Rights case law in dealing with new emergencies in armed conflicts. It argues that a new interpretation and application of the law is required to deal with current needs while remaining faithful to moral commitments made in the international arena. In this way, the book deals with recent cases and their rationale to build a new understanding of law and international policy that complies with the globalization process and progress towards an enhancement of the international community's legal framework. Combining the emergencies in armed conflicts with the mutual enforcement of human rights law and humanitarian law, this book holistically develops concepts and theories to present a pragmatic solution to moral quandaries over the targeting of civilians during armed conflict situations. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights and international humanitarian law.